Mental Health Probation & Second Chance Probation

Our Criminal Defense Attorneys in Arlington Heights Can Help

In certain cases, the court of Illinois allows certain defendants to be
placed on
probation or conditional discharge. For example, Second Chance Probation (SCP) allows
select individuals who have not been previously convicted of felony offenses
and previously afforded specified diversionary programs, to receive a
special probation which, if all conditions are fulfilled, will not result
in a conviction. Likewise, the Mental Health Court Program is a 2-year
voluntary probation program that allows individuals arrested for nonviolent,
nonsexual felonies to enroll in mental health treatment.

Second Chance Probation

People charged with certain crimes, such as Class 4 possession of a controlled
substance, Class 4 possession of methamphetamine, some categories of theft,
retail theft, certain categories of criminal damage to property, and Class
4 possession of marijuana, are eligible to plead guilty and, without a
judgment of a conviction, can be sentenced by a judge to Second Chance
Probation. Those previously convicted of a violent crime as an adult or
adjudicated as a minor, those convicted of driving under the influence
(DUI), and other particular offenses are ineligible for this probation.

A sentence under SCP lasts for at least 24 months, and conditions of the
probation include:

Not violating any laws

Making full restitution to the complainant or property owner

Attempting to get a job

Pay fines

Attend School

Submit to drug testing

Perform community service

Upon completion of the probation, the case will be dismissed against the
person. However, if the person commits any offense within 5 years of discharge
and dismissal, the case could be used as aggravation in a sentencing proceeding
in the new case.

Mental Health Court Program

The Cook County Felony Mental Health Court is a 2-year voluntary probation
program that helps people deal with their mental health conditions. The
mission of the program seeks to address the disproportionate number of
individuals with mental illness in the criminal justice system. These
individuals also often have an additional alcohol and/or illegal
drug problems, likely as an attempt to self-medicate. The program strives to assist
people in obtaining the highest level of stability possible in the hopes
the stabilization will reduce the likelihood of future incarceration or crimes.

Those who are eligible for the program must meet the following criteria:

Have an identifiable diagnosed mental illness

Have the ability to understand the terms/expectations of the program

Volunteer to agree to enter the program, sign the contract, and agree to
abide by the rules

Be charged with a generally nonviolent felony offense

Have an open case with the State Department of Mental Health (DMH)

Have no recent history of violent or sexual crimes

Have no charges involving a civilian victim

If someone wishes to participate, an individualized treatment plan is developed
and put into place. After this, the defendant pleads guilty to the charge
and begins the program. Usually, within a 24-hour period, the participant
is released from jail and is transported by a case manager to the next
level of care specified in the treatment plan.

During the program, participants have frequent status meetings in front
of the judge and the rest of the team, regular communication with the
Adult Probation Department and the Treatment Alternatives for Safe Communities
(TASC), and ongoing treatment. Treatment can include residential, intensive
outpatient, regular outpatient visits, medication management, psychosocial
rehabilitation, academic/vocational interventions, and treatment readiness groups.

Those who are frequently and willfully noncompliant with the terms of the
program will usually be removed from the process. Also, if any participants
demonstrate an inability to benefit from the program and remain psychiatrically
unstable might be withdrawn from the program. Likewise, people can voluntarily
un-enroll from the program and will return to court to assume a traditional sentence.

Let Our Experienced Attorneys Help

If you think you might be eligible for either program, give our experienced
Arlington Heights criminal defense attorneys a call. Our highly rated
lawyers will look over your case and recommend particular courses of action
to ensure you get the best results possible. Don’t let a felony
ruin your life. Contact an experienced advocate at
Ahmad Law Firm today.

To get your case started, contact usat (312) 702-0878 or fill out our online form to schedule a consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.